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Issues and Considerations surrounding Revocation Physician's Medical License Arising from Criminal Offenses (의사의 형사범죄에 따른 면허취소처분의 쟁점과 고려사항)

  • Kim, Sung-eun
    • The Korean Society of Law and Medicine
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    • v.19 no.1
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    • pp.113-142
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    • 2018
  • In recent years, there have been opinions in which physicians are liable to the revocation of their medical license if they are sentenced to above a certain level for criminal charges regardless of the types of offenses. Accordingly, a revised bill of law was submitted in the National Assembly, and related discussions are thus expected to commence. Considering the morality and ethics or the level of the rule of law that the general public expects of physicians, as well as the license revocation system in other professional sectors, it is assessed that medical license revocation due to criminal convictions of physicians is appropriate to some degree. However, if a poorly devised system is established based on unrefined inferences or emotional judgements, unexpected side-effects are likely to arise. With regard to serious criminal acts that society generally perceives as unacceptable, it can be assessed that the revocation of physicians' licenses would appropriately protect the general public from threats. However, given the life-saving characteristics of high-risk medical practices, higher malpractice exposures, and social values, it is difficult to assess charges of professional negligence resulting in death(or in injury) and minor offences in the same manner as anti-social criminal offences are handled. Physicians need to be treated the same as any other professions. At the same time, they are engaged in administering medical treatment to patients in the face of great risks as professionals. Under the circumstances, a discussion on the introduction of a more specific and empirical system is needed by considering the intrinsic characteristics of medical treatment and the need for an equitable health and medical policy. Accordingly, based on the above judgment and perception, this study explores the code of ethics for physicians and medical license revocation related to criminal offences at home and abroad, and examines various legislative alternatives appropriate for the Republic of Korea. In doing so, the purpose of the study is to contribute to the development of a reasonable system for handling criminal offences by physicians.

Use of Nuclear Power Sources in Outer Space and Space Law (우주에서의 핵연료(NPS)사용과 우주법)

  • Kim, Han-Taek
    • The Korean Journal of Air & Space Law and Policy
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    • no.spc
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    • pp.35-58
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    • 2007
  • Nuclear Power Sources(NPS) have been used since 1961 for the purpose of generating energy for space objects and have since then been recognized as particularly suited essential to some space operations. In January 1978 a malfuctioning Soviet nuclear powered satellite, Cosmos 954, re-entered the earth's atmosphere and disintegrated, scattering radioactive debris over a wide area of the Canadian Northwest Territory. This incident provided some reasons to international legal scholars to make some principles to regulate using NPS in outer space. In 1992 General Assembly adopted "Principles Relevant to the Use of Nuclear Power Sources in Outer Space". These NPS Principles set out certain legal and regulatory requirements on the use of nuclear and radioactive power sources for non-propulsive purposes. Although these principles, called 'soft laws', are not legal norms, they have much enfluences on state practices such as 1983 DBS Principles(Principles Governing the Use by States of Artificial Earth Satellites for International Direct Television Broadcasting), 1986 RS Principles(Principles Relating to Remote Sensing of the Earth from Space) and 1996 Declaration on International Cooperation in the Exploration and Use of Outer Space for the Benefit and in the Interests of all States, Taking into Particular Account the Needs of Developing Countries. As far as 1963 Declaration of Legal Principles Governing the Activities of States in the Exploration and Use of Outer Space is concerned the main points such as free use of outer space, non-appropriation of celestial bodies, application of international law to outer space etc. have become customary international law binding all states. NPS Principles might have similar characters according to states' willingness to respect them.

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Introduction of a System for a Sustainable Ecotourism and International Cooperation - Focusing on the Korea-China-Japan Ecotourism Certification/Designation System - (생태관광의 지속가능성 확보를 위한 제도 도입 및 국제협력방안 - 한·중·일 생태관광 인증/지정제도를 중심으로 -)

  • Choi, Hee-Sun;Kim, Hyun-Ae
    • Journal of the Korean Institute of Landscape Architecture
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    • v.40 no.6
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    • pp.13-22
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    • 2012
  • This study was conducted to establish ecotourism as an introduction to sustainability and international cooperation. As a plan to retain the original meaning of ecotourism, the introduction of a program to certify/designateecotourism is being vitalized in many countries around the world. In Korea as well, an agenda to the introduction of an "Ecotourism Designation System,"which aims to ensure the quality of ecotourism at a certain level, was submitted by the Ministry of Environment to the National Assembly in June 2011, and the promotion for a demonstration program is planned this year to introduce the system. Japan has been carrying out the certification systems Good Eco-tour, which certifies the sustainability of ecotourism providers and accommodations since 2006, respectively, and has been securing the sustainability of ecotourism by enactment in 2008, as the world's first law to promote ecotourism. And the second general conference of the first Global Partnership for Sustainable Tourism(GPST) was held in Korea in March 2012, particularly, there was an agreement that the promotion of Asia and the Pacific Area Network for sustainable tourism would center around Korea, and accordingly, it is expected that Korea's status as a core country for ecotourism in the Asia-Pacific Area will increase. While the demand for an approach to natural resources is rapidly increasing, we should be active in providing an institutional strategy such as a designation system to secure the sustainability of ecotourism and seeking a plan for cooperation and network vitalization in the Asia-Pacific Area where similar natural resources and cultures are shared.

Establishment Strategies and Location Analysis of Convention Center for Regional Development of The Yosu Peninsular Area (여수반도권 지역발전을 위한 컨벤션센터의 입지분석 및 건립전략)

  • Lee, Jeong-Rock
    • Journal of the Korean association of regional geographers
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    • v.2 no.2
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    • pp.133-157
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    • 1996
  • Recently, international convention competition has greatly expanded with the globalization and expand of world economy. As the conventions market has grown, so have the number of places and facilities of convention competing for business, and numerous trade show and the related meetings held the several cities toward world city such as the United States, Europeans Countries, Japan, and Singapore. Convention, in general, are defined as an assembly, often periodical, of members or delegates, as a political, social, professional or religious group. Convention center means the place that hold several social, political, economic conferences and meetings, trade show, exhibitions, and events. Convention center are consisted the several facilities such as meeting room, exhibition hall, event hall. Historically, meetings, conventions, and trade show have been serviced primarily by hotel and convention centers. With the expand of world trade and flow in recent, the conventions, expositions, and meetings industry (CEMI), however, is one of the most rapidly growing industries in hospitality and tourism, and CEMI provides import effect on regional economy and regional development including regional tourism industry. This study focuses on the establishment strategies and location analysis of convention center as a agent for regional development in a case of Yosu Peninsular Area (YPA). YPA is one of the major industrial area of our country, and displays the rapid regional urbanization and social change with the construction such as Kwangyang container port facilities, Yulchon industrial complex, and the extension planning of industrial estate related to Kwangyang Iron and Steel Company, and population size of this area will be reached about two million peoples in 2011. This area, particularly, will be functioned as a major container & export port of our country after the completion of Kwangyang container port facilities in 1988. If the planned industrial estate is constructed, the convention center for conference exhibition, information exchange, and resort facilities for exhibition, international communication will be needed. In addition, resort and leisure facilities for conventions' participants need. This area, therefore, has to make the establishment of convention center for regional development in future. Thus, the major strategies and idea for establishment of convention center as follows: first, this area has requirements for resort convention center, because this area will be functioned as a major export port and industrial district in 21 century; second, in the location analysis of convention center site, Sinwol & Woongchon district, Soho district, and Yongju & Hodu district are selected as developing possible sites; third, the convention center of this area has to consist of two functions such as convention facilities and marine resort facilities; fourth, in order to establish convention center, the selection of main group, financial raising strategies, and the organization of propulsion committee for establishment of convention center are required.

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Die Problematik auf gesetzliche Terminologie und gewerbliche Nutzung von Drohne (드론의 현행 법적 정의와 상업적 운용에 따른 문제점)

  • Kim, Sung-Mi
    • The Korean Journal of Air & Space Law and Policy
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    • v.33 no.1
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    • pp.3-43
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    • 2018
  • Auf die ganze Welt macht unbemannte $Flugger{\ddot{a}}te$(sog.Drohnen) in vielen Bereichen rasch Fortschritte und Anwendungen gezeigt. Nachdem ferngesteuerte Drohnen $urspr{\ddot{u}}nglich$ $prim{\ddot{a}}r$ $f{\ddot{u}}r$ $milit{\ddot{a}}rische$ Zwecke entwickelt wurden, $erh{\ddot{o}}cht$ sich derzeit ihre zivile Nutzung sowohl im Freizeit- als auch im Dienstleistungsbereich(Paketdrohnen, Drohnen-taxi) stetig. Mit der vermehrten Drohnennutzung steigen allerdings auch die damit verbundenen Risiken und Herausforderungen. In Zusammenhang damit stellt sich dann die Frage, ob $gegenw{\ddot{a}}rtige$ Vorschriften im Bereich von Luftrecht zurecht gekommen sind. Es sieht sich gerade der zwei Schwerpunkt $gegen{\ddot{u}}ber$. Erstens kann $Passagierebef{\ddot{o}}rderung$ mit unbemanntem Luftfahrzeug(mehr als 150kg) im $gegenw{\ddot{a}}ritigen$ Luftrecht keine Anwendung finden. Denn das kor. Luftsicherheitsgesetz und sein Durchsetzungsverordnung definieren die Terminologie von unbemannten Luftfahrzeugen und unbemannten $Flugger{\ddot{a}}te$ als "wenn eine Person nicht an Bord geht und ferngesteuert wird". Also soll Drohne nach dieser gesetzlichen Definition nur "ohne Person" geflogen werden. Das besagt ohne Piloten und ohne Passagiere. Zweitens ist unbemannte $Flugger{\ddot{a}}te$(weniger als 150kg) nicht auf Handelsgesetz anzuwenden, auf das ${\ddot{u}}ber$ Anspruchsgrundlage und Zurechnungsnorm des gewerblichen Luftverkehr geregelt ist. Der unbemannte Luftfahrzeuglieferdienst bringt nicht nur die Gefahr einer $Besch{\ddot{a}}digung$ des Frachtguts mit sich, sondern auch die Gefahr von $Bodensch{\ddot{a}}den$ durch Dritte. Gemäß ${\S}$ 896 des Handelsgesetzes ist aber die Anwendung von unbemannte $Flugger{\ddot{a}}te$(weniger als 150kg) $hierf{\ddot{u}}r$ begrenzt, weil unbemannt $Flugger{\ddot{a}}te$ $einschl{\ddot{a}}gig$ in Ultralight $Flugger{\ddot{a}}t$ ist, die im Handelsgesetz ausschließlich besteht. Technische Fortschritt und die dadurch $erm{\ddot{o}}glichten$ kommerziellen Anwendungen werden die Nachfrage nach unbemannter $Flugger{\ddot{a}}te$ wecken. Die Umsetzung der $bez{\ddot{u}}glichen$ Vorschriften sollte auch diese Entwicklung aktiv begleitet und $fr{\ddot{u}}hzeitig$ kommuniziert und erarbeitet werden, damit Hersteller und Nutzer $fr{\ddot{u}}hzeitig$ Planungssicherheit haben.

International Space Law on the Protection of the Environment (환경보호에 관한 국제 우주법연구)

  • Kim, Han-Taek
    • The Korean Journal of Air & Space Law and Policy
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    • v.25 no.1
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    • pp.205-236
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    • 2010
  • This article deals with international space law for the environmental protection in outer space especially for space debris arising from space activities. After studying 1967 Outer Space Treaty, 1968 Rescue Agreement, 1972 Liability Convention, 1975 Registration Convention and 1979 Moon Agreement, we could find few provisions dealing with space environment in those treaties. During the earlier stages of the space age, which began in the late 1950s, the focus of international law makers was the establishment of the basic rules of space law governing the states' activities in outer space. Consequently the environmental issues and the risks that might arise from the generation of the space debris did not receive priority attention within the context of the development international space law. Although the phrases such as 'harmful contamination', 'harmful interference', 'disruption of the environment', 'adverse changes in the environment' and 'harmfully affecting' in relation to space environment were used in 1967 Outer Space Treaty and 1979 Moon Agreement, their true meaning was not definitely settled. Although 1972 Liability Convention deals with compensation, whether the space object covers space debris is unclear despite the case of Cosmos 954. In this respect international lawyers suggest the amendment of the space treaties and new space treaty covering the space environmental problems including the space debris. The resolutions, guidelines and draft convention are also studied to deal with space environment and space debris. In 1992 the General Assembly of the United Nations passed resolution 47/68 titled "Principles Relevant to the Use of Nuclear Power Sources in Outer Space" for the NPS use in outer space. The Inter-Agency Space Debris Coordination Committee; IADC) issued some guidelines for the space debris which were the basis of "the UN Space Debris Mitigation Guidelines" approved by COPUOS in its 527th meeting. In 1994 the 66th conference of ILA adopted "International Instrument on the Protection of the Environment from Damage Caused by Space Debris". Although those resolutions, guidelines and draft convention are not binding states, there are some provisions which have a fundamentally norm-creating character and softs laws.

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Flexible Specialization: A New Paradigm for Modern Industrial Society ? (柔軟的 專門化(Flexible Specialization) : 현대 産業社會의 새로운 패러다임 ?)

  • Lee, Deog-An
    • Journal of the Korean Geographical Society
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    • v.28 no.2
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    • pp.148-162
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    • 1993
  • There is much speculation that modern capi-talist society is undergoing fundamental and qualitative chnge towards flexible specialization. The purpose of this study is to examine this hypothesis. This paper focusses on: the idea of flexible specialization; the significance of this transition; industrial district; and the implicati-ons of this new production system for Korean industrial space. Main arguments of this study are as follows: First, as all different groups of researchers apply the idea of flexible specialization according to their own specifications, the current debate on this topic is not much fruitful. Not surpri-singly, the concept of flexible specialization has overlapped with subocontracting. This intergration of subcontracting into flexible specialization systems, however, is inappropriate because the two concepts have different historical contexts. The other cause of this controversy is its inherent weekness, conceptual ambiguity. Thus, today's flexibility becomes tomorrow's rigidity. Secondly, transition towards flexible speciali-zation has only been partially achieved even in advanced capitalist countries. The application of dualistic explanatory framework, such as rigidity versus flexibiity, mass production versus small-lot multi-product production, and de-skilling versus re-skilling, has resulted in great exaggeration of the transformation, from Fordism to post-Fordism. There is no intermediary part between two places. Considering that the workers allocated to the Fordist mass production assembly line are not as large as one might imagine, the shift from mass to flexible production has only limited implications for the transformation of capitalist economy. Thirdly, 'industrial district' contorversy has contributed to highlighting the importance of small firms and areas as production space. The agglomeration of small firms in specific areas is common in Korea, but it is quite different from the industrial district based on flexible specialization. The Korean phenomenon stems from close interactions with its major parent firm rather than interactions between flexible, specialized, autonomous and technology-intensive smll firms. Most Korean subcontractors are still low-skilled, labour-intensive, and heavily dependent on their mojor parent firms. Thus, the assertion that the Seoul Metropolitan Area adopts flexible specialization has no base. Fourthly, the main concern of flexible speciali zation is small firms. However, the corporate organization that needs product diversification and technological specialization is oligopolistic large corporations typified by multinational corporations. It is because of this that most of these organizations are adoptiong Fordist mass production methods. The problem of product diversification will be resolved naturally if economic internationalization progresses further. What is more important for business success is the quality and price competitiveness of firms rather than product diversification. Lastly, in order to dispel further misunderst-anding on this issue, it is imparative that the conceptual ambiguity is resolved most urgently. This study recommends adoption of more speci-fied and direct terminology (such as, factory automation, computer design, out-sourcing, the exploitation of part-time labor, job redesign) rather than that of ideological ones (such as, Taylorism, Fordism, neo-Taylorism, neo-Fordism, post-fordism, flexible specialization, peripheral post-Fordism). As the debates on this topic just started, we still have long way to go until consensus is reached.

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A Study on Act on Certified Detective and Certified Detective Business (공인탐정 관련 법률(안)의 문제점과 개선방안에 관한 연구)

  • Kim, Bong-Soo;Choo, Bong-Jo
    • Korean Security Journal
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    • no.61
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    • pp.285-305
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    • 2019
  • In the bill of [Act on Certified Detective and Certified Detective Business] (hereinafter referred to as the Certified Detective Act) proposed and represented by the member of National Assembly, Lee Wan-Yong in 2017, the legislative point of view showed that various incidents and accidents, including new crimes, are frequently increasing as society develops and becomes more complex, however, it is not possible to solve all the incidents and accidents with the investigation force of the state alone due to manpower and budget, and therefore, a certified detective or private investigator are required. According to the decision of the Constitutional Court in June 2018, Article 40 (4) of the Act on the Use and Protection of Credit Information is concerned with 'finding the location and contact information of a specific person or investigating privacy other than commerce relations such as financial transactions' are prohibited. It is for the purpose of preventing illegal acts in the process of investigation such as the location, contact information, and the privacy of a specific person and protecting the privacy and tranquility of personal privacy from misuse and abuse of the personal information etc. Such 'privacy investigation business' currently operates in the form of self-employment business, which becomes a social issue as some companies illegally collect and provide such privacy information by using illegal cameras or vehicle location trackers and also comes to be the objects of clampdown of the investigative agency. Considering this reality, because it is difficult to find a resolution to materialize the legislative purpose of the Act on the use and protection of credit information other than prohibiting 'investigation business including privacy etc' and it is possible to run a similar type of business as a detective business in the scope that the laws of credit research business, security service business, the position of the Constitutional Court is that 'the ban on the investigations of privacy etc' does not infringe the claimant's freedom to choose a job. In addition to this decision, the precedent positions of the Constitutional Court have been that, in principle, the legislative regulation of a particular occupation was a matter of legislative policy determined by the legislator's political, economic and social considerations, unless otherwise there were any special circumstances, and. the Constitutional Court also widely recognized the legislative formation rights of legislators in the qualifications system related to the freedom of a job. In this regard, this study examines the problems and improvement plans of the certified detective system, focusing on the certified detective bill recently under discussion, and tries to establish a legal basis for the certified detective and certified detective business, in order to cultivate and institutionalize the certified detective business, and to suggest methodologies to seek for the development of the businesses and protect the rights of the people.

A Study on the Theories of Jwajowusa(左祖右社) and Jeonmyohuchim(前廟後寢) of an Ancient Jongmyo Shrine System (고대 종묘제도의 좌조우사(左祖右社)와 전묘후침(前廟後寢) 설에 대한 일고찰)

  • Seo, Jeong-hwa
    • (The)Study of the Eastern Classic
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    • no.62
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    • pp.231-262
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    • 2016
  • The Jongmyo Shrine(宗廟) of Zhou dynasty was a king's main building where a diversity of rituals were held, such as 'the assembly ceremony between a king and vassals in the morning', and was also called as Taechim(太寢) Nochim(路寢) Jeongchim(正寢) and others. Before Zhou dynasty, the expressions of Taesil(太室) and Sesil(世室) were used, and especially the term of Taesil(太室) is found in the records of the early period of West Zhou. In "Seogyeong(書經)", not only the term of Nochim(路寢) but also the letter of 'chim(寢)' itself is not found at all, but the letter of 'sil(室)' appeared several times in the chapters of "Haseo(夏書)" "Sangseo(商書)" "Juseo(周書)" except for that of "Wuseo(虞書)". "Jwajowusa(左祖右社)" meaning that 'the Jongmyo Shrine(宗廟) which keeps the late king's mortuary tablet is established in the left, and Sajikdan altar(社稷壇) which enshrines a god of land and grains is established in the right' was first mentioned in the part of 'Janginyeongguk(匠人營國 : a master craftsman builds different national infrastructures, for instance, a palace and roads)' in "Donggwangogonggi(冬官考工記)" of "Jurye(周禮)". In addition, so-called 'Jwamyowusa(左廟右社)', that is, "Sajik(社稷) enshrining the god of land and grains is built in the right('右'), and the Jongmyo Shrine(宗廟) in the left('左'). (右社稷 左宗廟)" was mentioned as one of different duties of a Sojongbaek(小宗伯) in charge of ancestral rites, which was recorded in "Chungwanjongbaek(春官宗伯)" of "Jurye(周禮)". And it seems that had affected the mention of "Jwajowusa(左祖右社)" in "Donggwangogonggi(冬官考工記)" appeared thereafter. Many manners scholars including Jeonghyun(鄭玄) since Han dynasty interpreted 'Jwa(左 : left)' and 'Wu(右 : right)' here as the arrangement relation of left and right of Jongmyo(宗廟) and Sajik(社稷), but when it is interpreted as "helping(右=佑 : to help) to sacrifice to a god of land and grains in Sajik(社稷), and helping(左=佐 : to help) memorial ceremonies in Jongmyo(宗廟)." it can correspond with a 'Jongbaek(宗伯)''s duties. 'Jeonmyohuchim(前廟後寢)' is the term that began from the expression that "what's in front is called as an jongmyo shrine(宗廟) and what's back as a bedroom.(前曰廟 後曰寢)" in Jeonghyun(鄭玄)'s annotation explaining the chapter of "Hagwansama(夏官司馬)" in "Jurye(周禮)" and "Wolryeong(月令)" in "Yegi(禮記)". Chaeong(蔡邕), a figure in the same age as Jeonghyun(鄭玄), used the expression that "a court is placed in the front, and a bedroom in the back(前有朝 後有寢)." In the paper, two hypotheses were discussed about the theory about Jeonmyohuchim(前廟後寢). In one hypothesis, it expressed two facilities within a wall; 'a court in the front to deal with governmental affairs, and a comfortable interior space in the back.' In another hypothesis, it refers to two independent and separate buildings of 'an jongmyo shrine(宗廟) building in the front as the area of governmental meetings, and the residential building in the back as the residence area with family'.

Analysis of Research Trends Related to Children's Department of Church School : Focusing on Domestic Dissertations (교회학교 유치부 관련 연구 동향 분석 : 국내 학위 논문 중심으로)

  • Kim, Minjung
    • Journal of Christian Education in Korea
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    • v.71
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    • pp.181-210
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    • 2022
  • The purpose of this study was to investigate the research trends related to the children's department of church schools. The purpose of this study is to present basic data for the study of the children's department of church schools by analyzing the research period, research contents, research methods, and subjects of research related to the children's department of church schools. For this study, 50 domestic master's and doctoral dissertations searched through the National Assembly Library and the Research Information Sharing Service(RISS) were extracted with the keywords of 'church school' and 'children's department'. The frequency and percentage were calculated by analyzing the research related to the children's department of the church school according to four criteria: research period, research content, research method, and research subject. As a result of the study, first, the research trend of research papers in the children's department of church schools was found to be 49 articles (98%) for master's degrees and 1 article (2%) for doctoral degrees from 1980 to 2022. Trends by research period are focused on master's degrees. Second, the trend by research content was 27 practical studies (54%) and 23 theory studies (46%). In the research related to the children's department of church schools, the practical research accounted for a relatively high percentage compared to the theory research. Third, the trends by research method were in the order of 30 literature studies (60%), 19 quantitative studies (38%), and 1 qualitative study (2%). Research related to children's departments in church schools is being actively conducted with a focus on literature research. Fourth, as for the trends by study subject, the study was conducted focusing on physical subjects, with 35 subjects (70%) and 15 subjects (30%) of personal subjects. As research is conducted from physical objects to church schools and media, it is necessary to study the connection between church schools and families. As the research on church school kindergarten is focused on adults (teachers, parents, and educational preachers), in-depth research on children in church schools and qualitative research with voices from the field of children's department in church schools are required.